Query about 10 year ILR eligibility (ICT, SKilled & Dependant)

[csd080187]

Hi

Can you please help if my continuous residence is broke or not ? My solicitor has raised concerns about a potential break in continuous residence between my first and second ICT visas, and I’d appreciate insights from experts or those with similar experiences.

Here’s my details:

First VISA:
Tier 2 ICT Short-Term - Leave To Enter, 1 year: 12-Jan-2016 to 11-Jan-2017
UK Frist Entry : 30-Jan-2016
Left the UK to apply next VISA: 24/12/2016

Second VISA:
Tier 2 ICT Long-Term - Leave To Enter, 3 years: 19-Jan-2017 to 12-Feb-2020
Entry to UK: 04-Feb-2017

Third VISA: applied within UK
Tier 2 ICT Long-Term - Leave To Remain, 2 years: 11-Feb-2020 to 28-Jan-2022


Fourth VISA: Applied within UK
Skilled worker - Leave To Remain, 2 years: 19-Jan-2022 to 11-Feb-2024

Fifth VISA: Applied within UK
Skilled worker - Leave To Remain, 2 years: 31-Jan-2024 to 25-Feb-2026

[zimba]

Pleases read item 3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[csd080187]

Thank you so much Zimba, the point 3 suggests that I'm eligible for ILR irrespective of the short gap ( 8days without valid VISA) between first 2 visas.

[zimba]

Thank you so much Zimba, the point 3 suggests that I'm eligible for ILR irrespective of the short gap ( 8days without valid VISA) between first 2 visas.

There is no gap

[csd080187]

Hi Zimba
Thanks for your response. In my case there were 8 days where I don't have valid UK VISA (between 11-Jan-2017 t0 19-Jan-2017). Doesn't it break the continuous residence ?

First VISA:
Tier 2 ICT Short-Term - Leave To Enter, 1 year: 12-Jan-2016 to 11-Jan-2017
UK Frist Entry : 30-Jan-2016
Left the UK to apply next VISA: 24/12/2016

Second VISA:
Tier 2 ICT Long-Term - Leave To Enter, 3 years: 19-Jan-2017 to 12-Feb-2020
Entry to UK: 04-Feb-2017

[CR001]

Thanks for your response. In my case there were 8 days where I don't have valid UK VISA (between 11-Jan-2017 t0 19-Jan-2017). Doesn't it break the continuous residence ?

No!!

[csd080187]

Hi team, thanks for your response.

Based on the dates, can you please let me know if I'm eligible for ILR submission on 02-Jan-2026 or before that ?

First VISA:
Tier 2 ICT Short-Term - Leave To Enter, 1 year:
Date Issued: 12-Jan-2016 : Date Expiry: 11-Jan-2017
UK Entry : 30-Jan-2016

Left the UK to apply next VISA: 24/12/2016 and stayed until 03-Feb-2017 (without valid VISA in India for 8 days)

Second VISA:
Tier 2 ICT Long-Term - Leave To Enter, 3 years:
Date Issued: 19-Jan-2017 : Date Expiry: 12-Feb-2020
Entry to UK: 04-Feb-2017

Third VISA: applied within UK
Tier 2 ICT Long-Term - Leave To Remain, 2 years: 11-Feb-2020 to 28-Jan-2022


Fourth VISA: Applied within UK
Skilled worker - Leave To Remain, 2 years: 19-Jan-2022 to 11-Feb-2024

Fifth VISA: Applied within UK
Skilled worker - Leave To Remain, 2 years: 31-Jan-2024 to 25-Feb-2026

[zimba]

You will become eligible from early December.
READ the advice I gave you above

[csd080187]

Thanks for your response Zimba. I will apply for ILR by end of Dec2025.

Can you please help on the dependents case ?

As I have skilled worker visa currently, My wife has "Dependant Partner" and son has "Dependant child" visas, and going to expire on 25-Feb-2026. They both have come to UK on 07-July-2017 and lived in here since then.

1) Should I first apply ILR for myself (as priority) and then apply for them before their current visa expires ?
2) Once I get my ILR, which VISA type should I apply for them until they both eligible for ILR (on completion of 10years in UK in Jul 2027) ?

[zimba]

1. It can be done at the same time or it can be delayed until before their visa expiry

2. Skilled worker dependant visa. The fact that you want to settle under the 10-year route is irrelevant

See: https://www.gov.uk/skilled-worker-visa/ ... d-children

[csd080187]

Thanks for your prompt response Zimba.

However, I'm going to apply ILR based on 10years Appendix Long Residency (ICT Short term 1 year + ICT Long Term 5 Years + Skilled Worker 4 years).
In this case, my ILR won't be classed as "ILR as a Skilled Worker" even though last visa was skilled worker(for 4 years), right ?

As per the articles, dependents cannot extend under skilled worker dependents once I get ILR based on 10 years route.

Also, I've read that if they switch to Family Visa as dependants settled person (based on my ILR), their ILR clock reset to 5 years again irrespective of the 8.5 years that they already spent in UK.

Can you please help me on what would be the best approach ? Thanks in advance.

[CR001]

However, I'm going to apply ILR based on 10years Appendix Long Residency (ICT Short term 1 year + ICT Long Term 5 Years + Skilled Worker 4 years).
In this case, my ILR won't be classed as "ILR as a Skilled Worker" even though last visa was skilled worker(for 4 years), right ?

Different routes have different forms. If you apply for long residence on form SET LR, that is what is processed. Not sure why you think it will be considered as something else.

As per the articles, dependents cannot extend under skilled worker dependents once I get ILR based on 10 years route.

No, they CAN continue on their existing visa route. Note sure where you got the idea that they cannot.

Also, I've read that if they switch to Family Visa as dependants settled person (based on my ILR), their ILR clock reset to 5 years again irrespective of the 8.5 years that they already spent in UK.

They do NOT need to switch visa categories!!!

[csd080187]

Thanks for your response.

Apologies for reiterating but for my clarity

As per the articles, dependents cannot extend under skilled worker dependents once I get ILR based on 10 years route.
No, they CAN continue on their existing visa route. Note sure where you got the idea that they cannot.

Does it mean, they can apply visa as skilled worker dependant before expiry of their current visas on 25-Feb-2026 even though I'm switching to ILR based on 10 years long appendix route ?

[CR001]

Yes!!!

[zimba]

ILR clock does NOT reset for skilled worker dependants when the main applicant settles under the long residence

[csd080187]

Thanks for your response.

After I get ILR (under 10years Appendix Long Residency route), in case of my dependents switch to family visa, does it reset their ILR eligibility under 10years Appendix Long Residency route ?

They are in UK since 07-July -2017 (for first 4.5 years on ICT long term dependant and then continuing as Skilled worker dependants which will expire on 25-Feb-2026).

What are the advantages of extending as skilled worker dependent over switching to Family VISA ?

[zimba]

Their eligibility under the long residence will not change at all. The advantage of staying under their route is that the dependant routes do not have any financial requirement (unlike the family route) and they can settle under the skilled worker route after having total of 5 years as a dependant. By the look of it, this will be right after you get your ILR as your spouse already has 5 years as your dependant in the UK. So they do not need an expensive extension at all, and you will save a ton of money. You can all apply for ILR at the same time, you will apply under the long residence SET(LR) and they apply under the skilled worker dependant route SET(O). Their application will be kept, until yours is decided.

There is no point in switching to the family route at all, as you have now been advised several times.

[csd080187]

Hi Zimba

You can all apply for ILR at the same time, you will apply under the long residence SET(LR) and they apply under the skilled worker dependant route SET(O). Their application will be kept, until yours is decided.

Apologies, I'm confused, I will be applying for ILR on 02nd Jan 2025 (28days before) as I will be completing 10years but my dependants neither completing 5 years as skilled worker dependants nor 10 years, how can they apply for ILR at at same time as me ?

[CR001]

Your dependents have held a dependent visa since 2017, why do you think they haven't achieved 5 years for ilr??

[csd080187]

I was under the impression that only Skilled worker Dependants with 5years can apply for ILR but in my case they were on Tier 2 ICT Long term dependants from July 2017 to Jan 2022 (4.5 years) and on Skilled worker dependants from Jan 2022 to Jan 2026 (4 years). Hence I was thinking, either they need to complete 10years or 5 years as skilled worker dependants.

[zimba]

It is a common misconception that the old PBS dependant routes were different. There was never a separate dependant route for various PBS dependants at all. They were all issued under the same route as 'PBS dependant'. There was never a route called 'ICT Long term dependants' at all. Applicants have these misconceptions as they make assumptions and have poor understanding of the immigration rules.

Your dependants will now be applying for ILR under the skilled worker rules. The current ILR rules for skilled worker route do NOT care about the type of the dependant visa of your dependants as long as your spouse has been your 'dependant partner' for 5 years (even time spent under the family route counts). You can all apply together and they qualify for ILR the moment you get ILR.

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant. Dependant partner can include time as a spouse on family routes.

https://assets.publishing.service.gov.u ... routes.pdf